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Children of Military born overseas not considered to be American at birth

Posted on 8/28/19 at 2:57 pm
Posted by Redleg Guy
Member since Nov 2012
2536 posts
Posted on 8/28/19 at 2:57 pm
USCIS Memo
quote:

Explains that USCIS no longer considers children of U.S. government employees and U.S. armed forces members residing outside the United States as “residing in the United States” for purposes of acquiring citizenship under INA 320.


Is this worded poorly or is it really disadvantaging active duty military assigned overseas?
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141796 posts
Posted on 8/28/19 at 3:00 pm to
This is a terrible policy

Soldiers' kids no

Illegal aliens' kids si
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52833 posts
Posted on 8/28/19 at 3:00 pm to
quote:

is it really disadvantaging active duty military assigned overseas?



meh...children born to a U.S. citizen is a U.S. citizen no matter where the child is born. So, this would only apply to employees / armed forces who are NOT currently U.S. citizens.
Posted by TigerDoc
Texas
Member since Apr 2004
9902 posts
Posted on 8/28/19 at 3:02 pm to
So you don't think this was meant to posthumously revoke McCain's citizenship then?
Posted by cajunangelle
Member since Oct 2012
146657 posts
Posted on 8/28/19 at 3:03 pm to
My son was born on a military base overseas. If he isn't suddenly American than I will be pissed.
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 8/28/19 at 3:04 pm to
quote:

So you don't think this was meant to posthumously revoke McCain's citizenship then?


Posted by Nutriaitch
Montegut
Member since Apr 2008
7506 posts
Posted on 8/28/19 at 3:06 pm to
it is poorly worded

it says “acquiring citizenship”
a biological child of a natural born US citizen soldier born on a base overseas is a natural born citizen.

however, a soldier who has a child that is NOT a natural born citizen cannot count time living on a base overseas towards the residency requirements to become a naturalized citizen.
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52833 posts
Posted on 8/28/19 at 3:06 pm to
quote:

So you don't think this was meant to posthumously revoke McCain's citizenship then?





I retract my position
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52833 posts
Posted on 8/28/19 at 3:07 pm to
quote:

My son was born on a military base overseas.



"He has to go back" gif
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98670 posts
Posted on 8/28/19 at 3:09 pm to
quote:

This is a terrible policy

Soldiers' kids no

Illegal aliens' kids si


Setting up the argument against birthright citizenship.
Posted by mouton
Savannah,Ga
Member since Aug 2006
28276 posts
Posted on 8/28/19 at 3:10 pm to
quote:

.children born to a U.S. citizen is a U.S. citizen no matter where the child is born



Tell this to all the people on this board who insist Valerie Jarret is Iranian.
Posted by Athis
Member since Aug 2016
11576 posts
Posted on 8/28/19 at 3:11 pm to
Are they meaning that one parent is American? Because I can't believe this stands for both parents being American.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 8/28/19 at 3:12 pm to
quote:

So you don't think this was meant to posthumously revoke McCain's citizenship then?


McCain's parents were American Citizens. Therefore he was a Citizen, no matter the location of his birth.

The OP is referencing children of Non-Citizens whose parents work for the FedGov/DoD overseas.
Posted by RobNation
Dallas, TX
Member since Sep 2011
889 posts
Posted on 8/28/19 at 3:12 pm to
quote:

My son was born on a military base overseas. If he isn't suddenly American than I will be pissed.


Dad?
Posted by Athis
Member since Aug 2016
11576 posts
Posted on 8/28/19 at 3:13 pm to
quote:

meh...children born to a U.S. citizen is a U.S. citizen no matter where the child is born. So, this would only apply to employees / armed forces who are NOT currently U.S. citizens.


It would better if somehow they worded it like you did..
Posted by TigerDoc
Texas
Member since Apr 2004
9902 posts
Posted on 8/28/19 at 3:13 pm to
Quite right, quite right.

I was making an urngemanbad joke.
Posted by 9Fiddy
19th Hole
Member since Jan 2007
64038 posts
Posted on 8/28/19 at 3:13 pm to
quote:

My son was born on a military base overseas. If he isn't suddenly American than I will be pissed

I may be mistaken, but don't those bases have the same rules as embassies where they are considered American soil?
Posted by TheFonz
Somewhere in Louisiana
Member since Jul 2016
20361 posts
Posted on 8/28/19 at 3:18 pm to
quote:

My son was born on a military base overseas. If he isn't suddenly American than I will be pissed.


I wouldn't worry; I'm sure he would be grandfathered in.

My son was born in Australia. We took him to the U.S. consulate in Sydney, showed them my Louisiana birth certificate, his mother's birth certificate (Australian and no pics of the wife), our marriage certificate (Louisiana), and my son's Australian birth certificate. He was given a "Birth of a United States Citizen Abroad" certificate and a U.S. passport. So he was a U.S. citizen at birth because I was a U.S. citizen. He actually has duel citizenship. I was not in the military and the wife (again, no pics) did not hold any kind of U.S. residency or citizenship at the time.
This post was edited on 8/28/19 at 3:24 pm
Posted by stelly1025
Lafayette
Member since May 2012
8505 posts
Posted on 8/28/19 at 3:22 pm to
quote:

Explains that USCIS no longer considers children of U.S. government employees and U.S. armed forces members residing outside the United States as “residing in the United States” for purposes of acquiring citizenship under INA 320.


I don't think this affects citizenship. It seems this is saying children who are born in a foreign country from military or DOD members would be considered citizens who are non residents. When born they would probably have to put down home of record as residence while living overseas as a family member. This just seems like they are omitting that.

This post was edited on 8/28/19 at 3:24 pm
Posted by yatesdog38
in your head rent free
Member since Sep 2013
12737 posts
Posted on 8/28/19 at 3:34 pm to
Ted Cruz bout to get deported.
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